UNFAIR LABOUR PRACTICE

 

By Prof. Alan Rycroft

Professor Alan Rycroft is Professor of Commercial Law at the University of Cape Town and is the author and co-author of several books and many articles on labour law and alternative dispute resolution. Alan is one of Worklaw’s primary authors.

OUTLINE OF CONTENTS

1.   Introduction

2.   The constitutional right fair labour practices

3.   Promotion disputes

  1. When is an appointment also a promotion?
  2. On what grounds can a promotion be challenged?
  3. Challenging affirmative action appointments
  4. Procedure when contesting a promotion: Joinder

4.   Demotion disputes

5.   Probation disputes

6.   Training disputes

7.   'Provision of benefits' disputes

8.   Unfair suspension disputes

9.   Unfair disciplinary action disputes (short of dismissal)

10.   Disputes concerning the failure or refusal to reinstate or re-employ

11.   Occupational detriment disputes

12.   Remedies and compensation for unfair labour practices

13.   Review